Do You Have to Pay Your Deductible If You’re Not at Fault?

After a car accident in Florida, one of the most common questions drivers ask is: “Do I have to pay my deductible if the other driver was at fault?” The answer depends on how the accident happened, what type of insurance coverage you have, and how fault is determined under Florida’s no-fault insurance system. At Stockwell Law in Fort Lauderdale, we’ve helped countless accident victims understand their rights and recover compensation—without paying unnecessary out-of-pocket costs.

Understanding Florida’s No-Fault Insurance Law

Florida is a no-fault insurance state, which means that after a car accident, each driver’s own insurance company pays for their medical expenses and certain financial losses—regardless of who caused the crash. This coverage is known as Personal Injury Protection (PIP), and every Florida driver is required by law to carry at least $10,000 in PIP coverage.

However, this system can be confusing when property damage and vehicle repairs come into play. PIP covers medical expenses and lost wages, not your vehicle. That’s where collision coverage and property damage liability insurancecome in—and where the deductible question really matters.

When You Might Have to Pay Your Deductible

If you have collision coverage and file a claim with your own insurance company to repair your vehicle, you’ll likely be responsible for paying your deductible upfront—even if the other driver caused the accident. Your insurer may later seek reimbursement (through a process called subrogation) from the at-fault driver’s insurance. If they recover the full amount, you may be reimbursed for your deductible.

Here’s an example:

• Another driver rear-ends your car in Fort Lauderdale.

• You file a claim with your own insurance to fix your car immediately.

• You pay your deductible (say, $500 or $1,000).

• Your insurer pursues the at-fault driver’s insurance.

• If successful, you’re refunded your deductible.

While it may seem unfair to pay anything when you weren’t at fault, filing through your own insurance usually speeds up the repair process—especially when fault is still being investigated or the other driver’s insurer is unresponsive.

When You Shouldn’t Have to Pay Your Deductible

In some cases, you can avoid paying your deductible altogether:

• The at-fault driver’s insurance accepts liability and pays for your repairs directly.

• You file your claim under the at-fault driver’s property damage liability coverage instead of your own collision policy.

• You weren’t driving—if another driver was using your vehicle with permission, their coverage might apply first.

Unfortunately, not all cases are that straightforward. Florida’s roads are full of uninsured and underinsured drivers, and sometimes insurance companies drag their feet in determining fault. That’s why it’s important to have an attorney who understands how to deal with these tactics and make sure you’re not stuck paying for someone else’s mistake.

What to Do If You’re Not at Fault

If you were in a car accident in Fort Lauderdale, Hollywood, Plantation, or anywhere in South Florida, and you weren’t at fault, take these steps:

1. Document everything. Take photos of the vehicles, scene, and any injuries.

2. Get the other driver’s information, including their insurance provider and policy number.

3. Call the police to ensure there’s an official crash report.

4. Contact your insurance company, but avoid admitting fault or giving a recorded statement.

5. Speak with a car accident attorney before agreeing to pay any deductible or signing documents.

How Stockwell Law Can Help

At Stockwell Law, we help clients across Fort Lauderdale, Broward County, and throughout Florida recover the full compensation they’re entitled to—without getting taken advantage of by insurance companies. We can help you:

• Determine who’s truly at fault for your accident.

• Communicate with both insurance companies on your behalf.

• Recover reimbursement for your deductible.

• Pursue additional compensation for medical bills, lost wages, and pain and suffering.

You shouldn’t have to pay a cent for an accident you didn’t cause. Marissa Stockwell works on a zero-charge, no-win-no-fee basis—so you pay nothing unless we win your case.

In Florida, you may have to pay your deductible initially, even if you weren’t at fault—but that doesn’t mean you’re stuck with the bill forever. With the right legal help, you can often recover that cost along with full compensation for your damages.

If you’ve been involved in a car accident anywhere in Florida, Stockwell Law is here to protect your rights and guide you through every step of the claims process. Contact us today for a free consultation and let us help you get the recovery you deserve. Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.